PR status validity if i stay outside Germany for more than 6 months in Non sequential trips

[ToyUser 1]

Hi,

 

As a non-european citizen, Can I lose my German PR status if I stay outside Germany for more than 6 non-sequential months? 

 

For example:  If I stay 5 months sequentially outside Germany (for a family emergency + covid travel restriction), come back to Germany and again stay 2 more sequential months (for work reasons (or) vacation) outside Germany, does this make my PR status invalid/affect my citizenship application in long run? 

 

Thank you, 

[SunshineMarty 7]

Did you ever find the answer out for this elsewhere?

 

I have a very similar question to yours. I'm British and I registered late last year before the end of the transition period, so I have an Aufenthaltstite related to this.  I never really found a number of days mentioned as such, although I did see the concept of a 'habitual residence', which may be more relevant.

 

 

[BethAnnBitt 2,084]

1 hour ago, SunshineMarty said:

I never really found a number of days mentioned as such, although I did see the concept of a 'habitual residence', which may be more relevant.

My cursory understanding is that I should be physically present in 🇩🇪 at least 183 out of the past 365 days.  Of course when I am popping over to Switzerland🇨🇭they are none the wiser.  But I shouldn’t run back home to the the US for a 7 month stay without requesting permission and having a solid reason.  I would suggest firing your case worker an email addressing the question.  The devil is always in the details.

[SunshineMarty 7]

Thanks. I think I'll eventually have to get my German GF to phone up to make absolutely sure I don't fall fowl on any technicality.

 

In the 'Information for United Kingdom nationals and their family members about the right of residence provided for in the Withdrawal Agreement' leaflet it only states on p29,

'if you reside outside Germany for more than six months (in exceptional cases, for more than 12 months), you lose your right of residence under the Withdrawal Agreement.'

I don't have 'Daueraufenthalt', as I'm a relatively new resident, but I guess it still applies and infers a continuous absence.

 

I'm working my way through the  'Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet 1)' or rather the English version 'Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory 1) Residence Act' (pdf available).

 

Sometimes it's a little difficult to understand exactly what applies in my case.

 

 

 

 

 

[SunshineMarty 7]

It's 6 months total and not per calendar year, but one of these ' in retrospect' years, like the Schengen Visa's 90 in 180.

[travelerworker 60]

Hi, not at expert..just sharing ideas and experiences here

My undestanding is that they don't "actively" check...so it is ok to travel around.

I've heard of a case here when a guy was asked at the airport when coming back "when you left the country?" and he said: 8 months ago...so he got in trouble. Would have said: 2 months ago, he would be ok.

The idea I understand is to settle into germany, not get the paper and go away to came back 5 years later.

If you are working and paying taxes in germany should be ok.

 

[Cybertron 0]

I kind of have the same issue. I had to fly out of Germany due to some personal reason and came back after 5 months... now its been 2 months since I am back in Germany and unfortunately I need to fly out again for a few months. I dont know if I will be allowed back in the next time...

[SunshineMarty 7]

If the reason for having to travel is extremely important, then I think you can call up and talk to your local foreigners office, to get permission. This used to be the case.

I don't know the checks on time at the border. I would guess that it's  getting more automated though the Schengen Zone. How for example do they know a tourist has been here longer than the 90 in 180 days? Does any one know anyone that has had trouble with this?

I would think it's the same for the 6 months in a year for residence. Then is the information passed on to the respective people to act.

Personally I won't risk going over the 6 month limit.